Surprised Timsus Use Article 55 Of The Criminal Code, Attorney Bharada E: It Was Purely Done 1 Against 1
JAKARTA - Bharada's team of lawyers, Richard Eliezer alias Bharada E, admitted that he was surprised by the decision of the special team (timsus) to apply Articles 55 and 56 of the Criminal Code against his client.
Because, it is believed that in the series of bloody incidents that killed Brigadier J, only his client was involved.
"That's what we actually confuse for us. Because what our clients say, it's all done alone, done alone, one on one," said Andreas Nahot Silitonga to reporters, Thursday, August 4.
According to him, the use of Article 55 of the Criminal Code is not appropriate. The reason is that referring to the rules means participation. Thus, it can be said that there were other parties who had the intention and committed a criminal act together with Bharada E.
"So if we talk about article 55 for example, it means that there is participation. There are other people who are doing it together with him and have the same intention," he said.
Meanwhile, the use of Article 56 of the Criminal Code, said Andres, is also wrong. The reason is still the same because his client was alone in the shootout incident.
"In Article 56, he provides the means. But he must also have the same intention. So I'm really confused, who is the person in question, the incident was purely 1 on 1," said Andreas.
Therefore, Andres will also consider filing a pretrial lawsuit. So, what he believes will be tested in the trial process
"We are still considering (pretrial, ed)," said Andreas.
Brigadier J died at the shelter for the Head of the Propam Division of the National Police Inspector General Ferdy Sambo in the Duren Tiga area, South Jakarta, on Friday, July 8. The cause of death of Brigadier J is said to have been involved in a shootout with Bharada RE.
In this case, the Criminal Investigation Unit of the National Police named Bharada E as a suspect in the murder of Brigadier Yosua Hutabarat alias Brigadier J. The determination of this suspect was announced after the case was concluded.
In this case, Bharada RE was charged with Article 338 of the Criminal Code in conjunction with Article 55 and Article 56 of the Criminal Code.